Role of the State in Investor-State Arbitration

Shaheeza Lalani, Director of the Doctoral Program (World Trade Institute, University of Bern), Ph.D. (University of Lausanne), MSc. (London School of Economics), LL.B. and B.C.L. (McGill University), Barrister & Solicitor (British Columbia). Rodrigo Polanco Lazo, PhD. Candidate (World Trade Institute, University of Bern), LL.M. (New York University), Bachelor and Master of Laws (University of Chile), Lawyer and Assistant Professor of International Economic Law (University of Chile).

• FOREWORDShaheeza LalaniTHE ROLE OF THE STATE IN INVESTOR-STATE ARBITRATION: INTRODUCTORY REMARKSMichael E. SchneiderPART I. STATE POWERS AND INVESTOR-STATE DISPUTE SETTLEMENTKrista Nadakavukaren ScheferCHAPTER 1: STATES AND FOREIGN INVESTMENT: A LAW OF THE TREATIES PERSPECTIVETarcisio GazziniCHAPTER 2: THE REGULATORY STATE AND THE DUTY OF CONSISTENCYDanielle MorrisCHAPTER 3: THE TRANSPLANTATION OF LEGITIMATE EXPECTATIONS IN INVESTMENT TREATY ARBITRATION: A CRITIQUETeerawat WongkaewCHAPTER 4: HOST STATES AS CLAIMANTS: CORRUPTION ALLEGATIONSDai TamadaPART II. STATES AND THE INVESTOR-STATE ARBITRATION REGIMEStephen GelbCHAPTER 5: THE CONCEPT OF THE STATE IN INVESTOR-STATE ARBITRATION: A SOCIAL SCIENCE PERSPECTIVETodd TuckerCHAPTER 6: THE IMPACT OF INVESTMENT TREATY LAW ON HOST STATE BEHAVIOR: SOME DOCTRINAL, EMPIRICAL AND INTERDISCIPLINARY INSIGHTSMavluda SattorovaCHAPTER 7: DOMESTIC DEMANDS AND INTERNATIONAL AGREEMENTS: WHAT CAUSES INVESTOR STATE DISPUTES?Zoe WilliamsCHAPTER 8: EXIT, VOICE, AND LOYALTY IN INVESTMENT TREATY ARBITRATION: A SUMMARYAnna KatselasCHAPTER 9: INTER-GOVERNMENTAL CONSIDERATION OF INVESTOR-STATE DISPUTE SETTLEMENT AT THE OECD-HOSTED FREEDOM OF INVESTMENT (FOI) ROUNDTABLEDavid GaukrodgerPART III. THE CHANGING ROLE OF THE STATE IN INVESTOR-STATE DISPUTESRodrigo Polanco LazoCHAPTER 10: TOWARDS A GREATER ROLE FOR STATE-TO-STATE ARBITRATION IN THE ARCHITECTURE OF INVESTMENT TREATIES?Michele PotestàCHAPTER 11: THE ROLE OF THE STATE AFTER AN AWARD IS RENDERED IN INVESTOR-STATE ARBITRATIONTomonori MizushimaCHAPTER 12: THE RETURN OF THE HOME STATE AND THE RISE OF ‘EMBEDDED’ INVESTOR-STATE ARBITRATIONWolfgang AlschnerCHAPTER 13: ILLEGAL INVESTMENTS AND ACTIONS ATTRIBUTABLE TO A STATE UNDER INTERNATIONAL LAW226Sergey UsoskinPART IV. ATTRIBUTION OF CONDUCT OF NON-STATE ORGAN ENTITIES: AN INTRODUCTIONGeorgios PetrochilosCHAPTER 14: THE EUROPEAN UNION INVESTMENT ARBITRATION REGIME AND LOCAL GOVERNMENTS: THE NEED FOR A SYNCHRONIZATION OF EFFORTSCornel MarianCHAPTER 15: STATE-OWNED ENTERPRISES IN THE CURRENT REGIME OF INVESTOR-STATE ARBITRATIONJi LiCHAPTER 16: THE MANY FACES OF STATES IN INTERNATIONAL INVESTMENT LAW: SUPRANATIONAL ORGANIZATIONS, UNRECOGNIZED STATES AND SUB-STATE ENTITIESChien-Huei WuTHE CHANGING ROLE OF THE HOME AND THE HOST STATE IN INVESTOR-STATE ARBITRATION: SOME CONCLUSIONSRodrigo Polanco Lazo